Archive Decision

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Waikato RC 21 May 2011 – R8

ID: JCA11249

Applicant:
Mr J Oatham

Respondent(s):
Mr D Nolan

Other Person:
Mr A Coles Stipendiary Steward

Information Number:
477

Hearing Type:
Hearing

Rules:
638 (1) (d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 21 May 2011

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2011/05/21

Race Number:
R8

Decision:

As the breach was admitted we find the charge proven.

Penalty:

After taking all the above factors into account the committee imposes a suspension of 4 days.  Under the provisions of rule 1106 (2) (a) we defer the suspension which is to start after racing on 25 May 2011 and conclude after racing on 2nd June 2011 (4 days).

Charge:

Careless riding

Facts:

Following race 8 an information was filed by the informant Mr J Oatham pursuant to rule 638 (1) (d).  He alleged that near the 350 metres Mr D Nolan allowed his mount OBERON to shift out when not clear of CALCUTTA (Miss D Johnson) causing that horse to check.

Submissions for Decision:

Mr Coles demonstrated the video films which showed OBERON ridden by Mr D Nolan racing in a 3 wide position approaching the 350 metres.  At this point Mr Coles showed Mr Nolan angling his mount out to gain a run directly ahead of CALCUTTA ridden by Miss D Johnson.  Mr Coles submitted that Mr Nolan was a bare length clear when moving out and this resulted in a sharp check to CALCUTTA.
 
Mr Nolan, in admitting the breach, said his mount was travelling so well he angled out for a run but agreed this resulted in Miss Johnson to check sharply. 

Reasons for Decision:

.

Submissions for Penalty:

Mr Oatham stated that this was only the second charge Mr Nolan had incurred in the last 12 months.  He said that in this case Mr Nolan had showed impatience in coming out when insufficiently clear.  Mr Oatham submitted a penalty in the low to mid range would be appropriate.
Mr Nolan submitted that he had committments until after racing at Ruakaka on 25 May.  He confirmed he only rode as far south as the central districts.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions as presented.  Mitigating factors are Mr Nolan's admission of the breach and his excellent record.  However the aggravating factor was the sharp check received by Miss Johnson caused by Mr Nolan angling out when insufficiently clear.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 12eab11485967536a6f4f5235a0e22fa


informantnumber: 477


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 14/04/2011


hearing_title: Waikato RC 21 May 2011 - R8


charge:

Careless riding


facts:

Following race 8 an information was filed by the informant Mr J Oatham pursuant to rule 638 (1) (d).  He alleged that near the 350 metres Mr D Nolan allowed his mount OBERON to shift out when not clear of CALCUTTA (Miss D Johnson) causing that horse to check.

appealdecision:


isappeal:


submissionsfordecision:

Mr Coles demonstrated the video films which showed OBERON ridden by Mr D Nolan racing in a 3 wide position approaching the 350 metres.  At this point Mr Coles showed Mr Nolan angling his mount out to gain a run directly ahead of CALCUTTA ridden by Miss D Johnson.  Mr Coles submitted that Mr Nolan was a bare length clear when moving out and this resulted in a sharp check to CALCUTTA.
 
Mr Nolan, in admitting the breach, said his mount was travelling so well he angled out for a run but agreed this resulted in Miss Johnson to check sharply. 

reasonsfordecision:

.


Decision:

As the breach was admitted we find the charge proven.


sumissionsforpenalty:

Mr Oatham stated that this was only the second charge Mr Nolan had incurred in the last 12 months.  He said that in this case Mr Nolan had showed impatience in coming out when insufficiently clear.  Mr Oatham submitted a penalty in the low to mid range would be appropriate.
Mr Nolan submitted that he had committments until after racing at Ruakaka on 25 May.  He confirmed he only rode as far south as the central districts.

reasonsforpenalty:

The committee carefully considered all the evidence and submissions as presented.  Mitigating factors are Mr Nolan's admission of the breach and his excellent record.  However the aggravating factor was the sharp check received by Miss Johnson caused by Mr Nolan angling out when insufficiently clear.

penalty:

After taking all the above factors into account the committee imposes a suspension of 4 days.  Under the provisions of rule 1106 (2) (a) we defer the suspension which is to start after racing on 25 May 2011 and conclude after racing on 2nd June 2011 (4 days).

hearing_type: Hearing


Rules: 638 (1) (d)


Informant: Mr J Oatham


JockeysandTrainer: Mr D Nolan


Otherperson: Mr A Coles Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f098be1b2a17f063fc91b3828f63b6fb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 28e1c14501c2cb6351740e70b7b8476e


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/05/2011


meet_title: Waikato RC - 21 May 2011


meet_expappcomment:


meet_km: [{"Comment": "", "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "80", "Total": "49.6", "kmprice": 49.600000000000001, "Approved": "on"}, {"Comment": "", "kmprice": 124.0, "MemberID": "ADooley", "Member": "", "KMs": "200", "OtherExpenses": "0", "Total": "124.0", "MemberRole": "Panel member 1 ", "Approved": "on"}]


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Waikato RC